White Collar Briefly

White Collar Briefly
Drawing from breaking news, ever changing government priorities, and significant judicial decisions, this blog from Perkins Coie’s White Collar and Investigations group highlights key considerations and offers practical insights aimed to guide corporate stakeholders and counselors through an evolving regulatory environment.

Five Criminally Charged in Flint Water Crisis
In an unprecedented move on June 14, 2017, Michigan's Attorney General, Bill Schuette, charged five state officials with involuntary manslaughter, alleging that each had failed to address the city of Flint's contaminated water issue that they knew was connected to the poisoning deaths of 12 individuals.

9th Circuit Clarifies Elements of Misprision of Felony
A Ninth Circuit panel recently issued a decision in United States v. Olson, affirming the conviction of the former Alaska executive director of the U.S. Department of Agriculture's ("USDA") Farm Service Agency for misprision of felony under 18 U.S.C. § 4.

Supreme Court Reins In SEC’s Disgorgement Power

SEC Suffers Rare Loss in Insider Trading Case Before Agency Judge

SEC Disgorgement Power - Time Running Out?
On April 18, 2017, the U.S. Supreme Court heard oral argument in Kokesh v. Securities and Exchange Commission—a case which could determine whether the Securities and Exchange Commission's power to disgorge ill-gotten gains is subject to a statute of limitations.

Has the DOJ Perspective on Corporate Compliance Evolved?: Three Ways the DOJ’s Recent Guidance Differs from the FCPA Resource Guide and U.S. Sentencing Guidelines
The U.S. Department of Justice ("DOJ")'s Criminal Fraud Section recently issued guidance for corporate compliance programs in a document titled Evaluation of Corporate Compliance Programs ("Fraud Section Guidance"), which reflects a number of notable differences from prior guidance on similar issues.

SEC Chairman Nominee Jay Clayton Provides Insight on the Future of the SEC (Part 2)
In this two-part series, we recap the confirmation hearing highlights of President Donald Trump's nominee for chairman of the U.S. Securities and Exchange Commission, Jay Clayton, who testified before the Senate Banking Committee on March 23, 2017.
SEC Chairman Nominee Jay Clayton Provides Insight on the Future of the SEC (Part 1)
President Donald Trump's nominee for chairman of the U.S. Securities and Exchange Commission, Jay Clayton, testified before the Senate Banking Committee during his confirmation hearing on March 23, 2017.

FCPA Pilot Program Extension Not Necessitate “Rush to Disclose”

DOJ Officials Offer Guidance for Food Company Execs Looking to Minimize Criminal Exposure

Unanimous Supreme Court Rejects Second Circuit's Limitations on Insider Trading Cases
For those watching in the trading world, the U.S. Supreme Court has confirmed that your friends can, indeed, pass on a gift of non-public information about a company that could leave you criminally liable for insider trading, even if they gain nothing concrete in return.

Will the Panama Papers Lead to Criminal Charges Against U.S. Taxpayers?
The massive Panama Papers leak has attracted attention to the use of offshore business entities and implicated 2,400 U.S.-based clients of Mossack Fonseca.

SEC Charges Private Fund Administrator with Gatekeeping Failures
The Securities and Exchange Commission (SEC) recently announced an administrative settlement with Apex Fund Services (US) Inc., a firm providing administrative services to private funds, based on its alleged failure to heed red flags and correct faulty accounting by two private equity managers.

DOJ’s Increased Focus on Environmental Criminal Cases
Recently, John C. Cruden, DOJ's Assistant Attorney General in charge of the Environmental and Natural Resources Division (ENRD), which oversees DOJ's environmental litigation, voiced a heightened commitment to enforcing environmental laws through criminal prosecution.

Three Key Challenges To the Future of SEC Enforcement
Since the financial crisis, the Securities and Exchange Commission's enforcement activity has been the subject of much attention and debate.